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However, the FDA emphasizes that they are illegal and unauthorized and that for the vast majority of unauthorized e-cigarettes on the market today, the pendency of an application does not create a legal safe harbor to sell that product. 9 This category of the vape market may account for tens of thousands of vape products under review

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After it is filed with the agency, the application is made available for public comment and referred to the FDAs Tobacco Product Scientific Advisory Committee, which undertakes a rigorous scientific analysis of the manufacturers claims and the scientific data provided to support that claim